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2 Answers | Asked in Bankruptcy, Collections, Estate Planning and Probate for New Jersey on
Q: If a deceased person has credit card debt, is it the responsibility of the executor to pay those cards?
Tim Akpinar
Tim Akpinar
answered on Aug 14, 2024

Attorneys who handle estate-related matters could answer your question best, but you await a response for a week. Your question may have been overlooked in the general "Uncategorized" category. Although some questions do go unanswered on this forum, you could try reposting and adding the... View More

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1 Answer | Asked in Civil Litigation, Personal Injury and Wrongful Death for New Jersey on
Q: my wife contracted lung cancer after 15 yaers working in the operating room

in 2023 NJ passed surgical smoke laws...surgial smoke is toxic

Tim Akpinar
Tim Akpinar
answered on Aug 12, 2024

I'm sorry about your wife's diagnosis. Although this issue is recognized by the CDC and other health agencies, there are probably not many law firms that practice in the field. There are firms handling respiratory lawsuits involving lung cancer, asbestosis, mesothelioma - but those firms... View More

2 Answers | Asked in Intellectual Property for New Jersey on
Q: Can i sell replica clothing without selling them as authentic?

For instance I buy a designer brand from china and I sell it not as authentic but also a rep with also a cheaper price than the authentic version. Is that legal?

Leonard R. Boyer
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answered on Aug 9, 2024

NO! Unless you want to have more legal problems than you can possibly imagine. The owners of the intellectual property will eventually file a lawsuit against you. It is just a matter of time but it is a virtual certainty. Pick the best attorney you can find and remember one rule: a good attorney... View More

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1 Answer | Asked in Domestic Violence for New Jersey on
Q: What can I do if someone files a false restraining order against me in NJ being not a resident but employed?

My ex filed a false restraining order against me for harassment on 7/27/24 even while being in a relationship that we both agreed upon. (Rahsaan is on parole for the murder of his 4month old son) I said I’d get a restraining order against him but he beat me to it and committed Perjury. During... View More

Leonard R. Boyer
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answered on Aug 9, 2024

To provide a meaningful response, more factual information will be required. You need to retain an experienced matrimonial attorney with extensive domestic violence experience. Pick the best attorney you can find and remember one rule: a good attorney is generally never cheap, and a cheap attorney... View More

1 Answer | Asked in Personal Injury for New Jersey on
Q: How long should an attorney give me to change my mind about a retainer agreement? I was on medication.

I felt pressured into signing an agreement after being told it was necessary to file a lawsuit immediately due to the statute of limitations. The case was filed electronically less than 24 hours of my electronic signature. Weeks later, I found out there were still three months to file. I also found... View More

Tim Akpinar
Tim Akpinar
answered on Aug 8, 2024

An attorney could offer more definitive guidance after seeing complete file details, but the short answer is that clients are free to terminate their attorney working relationships, and vice-versa, attorneys being free to do the same (in most settings). However, depending on how much work an... View More

1 Answer | Asked in Personal Injury and Wrongful Death for New Jersey on
Q: my wife conracrted lung and bone cnacer after living near a chemical plant and toxic landfill

Reich farm and Ciba Geigy 1982-1990

Tim Akpinar
Tim Akpinar
answered on Aug 7, 2024

I'm very sorry for your wife's illness. A starting point here could be to reach out to law firms that handle toxic tort (exposure to harmful substances) cases or environmental cases. Try to arrange a free initial consult, which is usually a courtesy in injury/illness cases. Firms that... View More

1 Answer | Asked in Family Law and Elder Law for New Jersey on
Q: Where I can obtain power of attorney
Tim Akpinar
Tim Akpinar
answered on Aug 5, 2024

As a general matter, if you want to do it "on the cheap" at minimum cost, you could visit a stationary store near a courthouse that sells standard legal forms, you could find legal forms online, or you could use one of the do-it-yourself services.

Most law firms are equipped to...
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1 Answer | Asked in Personal Injury for New Jersey on
Q: What is considered double dipping? My attorney is charging 45% of the recovery PLUS 45% of awarded attorney fees.

I felt like 45 was too high but I was under EXTREME DURESS and he has already settled five lawsuits with the same entity.

Tim Akpinar
Tim Akpinar
answered on Aug 2, 2024

Someone would need to look at the retainer - whether it involves an error, impermissible practices, or multi actions (law firm handling representation on more than one type of claim on the same matter - a disability claim plus a third-party injury claim, as an example). These are only general... View More

1 Answer | Asked in Contracts for New Jersey on
Q: Is a Lock Cut Release Form a legal document?
Tim Akpinar
Tim Akpinar
answered on Jul 29, 2024

It could depend on the way it is drafted. But in general, yes. It confirms in writing that the owner of the belongings authorizes the facility to cut a lock, and could additionally release the facility from liability for damages stemming from cutting the lock (such as the owner not replacing the... View More

1 Answer | Asked in Appeals / Appellate Law and Contracts for New Jersey on
Q: I have been awarded a default judgement in Special Civil Part in Monmouth County NJ. The defendant retained an attorney.

I worked a 1099 contractor role in 2023 with a CPA. I got the role through a finance & accounting recruiting agency. The contract was written up by the recruiting agency & was between myself and the CPA firm.

The contract was for hourly pay for a minimum of 300 hours. The CPA firm... View More

Daniel  Bitonti
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answered on Jul 29, 2024

It's crucial to consult with an attorney who can provide tailored advice based on your specific situation.

You have a strong position with a default judgment, but the defendant can file a motion to vacate the default judgment, potentially leading to further legal proceedings. Accepting...
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1 Answer | Asked in Divorce and Family Law for New Jersey on
Q: Ex-husband refuses to give proof of insurance, if I file a motion can he answer with a motion to reduce alimony?

Divorce decree states Ex is to provide proof of policy each year. He ignores my requests. I believe the policy has lapsed. We decided on alimony amount, no calculation was done. Paperwork does state amounts made at the time. Both of our incomes have increased. Am I risking my alimony being... View More

Leonard R. Boyer
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answered on Jul 27, 2024

You need to retain an experienced matrimonial attorney to evaluate your situation and draft and file the appropriate motion. You should expect to pay for an hour of attorney time for an evaluation of your situation and learn the risk/reward of filing a motion. Pick the best attorney you can find... View More

1 Answer | Asked in Immigration Law for New Jersey on
Q: My visa pettion is cancelled at us embassy due to one year no contact with the embassy . So how to reinstate ?

My waiver will be approved soon . Applied in 2021 November

US embassy already scheduled the interview last year then I contacted them and inform about pendinh 601a waiver and hold my interview until get the decision from USCIS however they cancelled my pettion today

James L. Arrasmith
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answered on Jul 23, 2024

If your visa petition was canceled due to a lack of contact with the embassy, you may need to start the process again. Contact the U.S. embassy to confirm the cancellation and understand their specific instructions for reapplying. They may provide guidance on how to proceed or if there's an... View More

1 Answer | Asked in Criminal Law, Federal Crimes and Personal Injury for New Jersey on
Q: What is the statute of limitations of a prisoner lawsuit if he was attacked/stabbed in prison
James L. Arrasmith
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answered on Jul 21, 2024

Under federal law, the statute of limitations for a prisoner to file a lawsuit after being attacked or stabbed in prison is generally determined by the state's personal injury statute of limitations where the prison is located. Most states have a statute of limitations ranging from two to four... View More

1 Answer | Asked in Criminal Law and Federal Crimes for New Jersey on
Q: How do I go about retrieving money back from a wire fraud incident?

I was supposed to be doing business with someone by purchasing a vehicle. They supposedly had a escrow company that was set up to collect the funds and mediate the transaction. They took my funds and they did not give me the vehicle in exchange. When I reached out to the seller and the company... View More

James L. Arrasmith
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answered on Jul 21, 2024

To retrieve your money from a wire fraud incident, you should act quickly. First, contact your bank or financial institution immediately to report the fraud. They can initiate a recall of the wire transfer and provide guidance on the next steps.

Next, file a report with your local law...
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1 Answer | Asked in Divorce, Family Law, Real Estate Law and Constitutional Law for New Jersey on
Q: I am involved in a divorce case where the Michigan court issued orders regarding the sale of marital property located in

New Jersey, which I believe is beyond its jurisdiction. Additionally, I have experienced several due process violations, including ex parte orders without notice, unauthorized use of my medical records, and denial of access to funds for legal representation. The court has also shown bias by... View More

James L. Arrasmith
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answered on Jul 21, 2024

To address the jurisdictional overreach, you can file a motion to challenge the court's authority over the New Jersey property, arguing that the Michigan court lacks jurisdiction. You should provide legal precedents and any relevant statutes that support your position. It's important to... View More

1 Answer | Asked in Immigration Law for New Jersey on
Q: h1b

I completed my master's degree in summer 2023 as an international student. Unfortunately, my OPT application was rejected due to applying outside the 30-day rule, resulting in the termination of my SEVIS record. Subsequently, I was admitted to a new university, obtained an F1 visa stamp in... View More

James L. Arrasmith
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answered on Jul 20, 2024

You should proceed with applying for the H1B visa since your employer has already offered it to you, and the lottery was successful. This visa will allow you to work full-time and transition from your student status to a work visa, providing stability and a clear career path.

For the...
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2 Answers | Asked in Medical Malpractice and Personal Injury for New Jersey on
Q: Found out 3/16/24 I have medical clips in my abdomen. I requested all my hospital records
Tim Akpinar
Tim Akpinar
answered on Jul 4, 2024

I'm sorry for your ordeal. There wasn't a question included, but it's clear you're wondering about your legal rights. Hopefully, you should receive your records without delay if everything was in order with the request (authorizations or any other forms), and it was made to the... View More

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2 Answers | Asked in Medical Malpractice and Personal Injury for New Jersey on
Q: Found out 3/16/24 I have medical clips in my abdomen. I requested all my hospital records
John Michael Frick
John Michael Frick
answered on Jul 5, 2024

Medical clips are generally inert and rarely cause harm to a patient. In some cases, leaving medical clips inside a patient may not be a departure from the accepted standard of care. Even if it is, in most cases, leaving medical clips behind inside a patient will not cause injuries sufficient to... View More

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1 Answer | Asked in Land Use & Zoning, Real Estate Law and Municipal Law for New Jersey on
Q: town revoked my fence permit cuase my neighbor thought i was on their property
Anthony M. Avery
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answered on Jul 3, 2024

You have a boundary dispute. You will need a NJ lawyer to search both titles, and a surveyor on the boundary to serve as your witness, Filing suit is expensive and difficult, but if you wait too long you lose your asserted boundary through acquiescence.

2 Answers | Asked in Landlord - Tenant and Bankruptcy for New Jersey on
Q: Need to evict tenant..no rent in 17 months...filed bankruptcy June 29..went to court today...she was allowed to stay

For 6 months more for free...can you file bankruptcy in June and have a judgment in July...I need her out I could lose my house...plus her paperwork wasn't official documents...it was hand written

Leonard R. Boyer
Leonard R. Boyer pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 3, 2024

You need to retain an experienced Bankruptcy attorney to file a Motion to Vacate the automatic stay and if you have not done so already, then you need to have the attorney file a proof of claim. Once the automatic stay is vacated, then you need to retain a landlord tenant attorney to get this... View More

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